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(영문) 창원지방법원 통영지원 2017.02.07 2016가단3712
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,783,068 and the interest rate of KRW 15% per annum from September 11, 2016 to the date of full payment.

Reasons

The Plaintiff (C) entered into a contract with Defendant (D) to be supplied with scrap metal from Defendant (D). The Plaintiff paid KRW 126,30,000 to October 31, 2015 as advance payment, and received KRW 101,516,932 from Defendant. The Defendant issued a tax invoice in the name of the Plaintiff regarding the said transaction without dispute between the parties or with the overall purport of oral pleadings. Thus, barring special circumstances, the Plaintiff and the Defendant are the parties to the said transaction. Thus, the Defendant is obligated to pay the Plaintiff advance payment of KRW 24,783,068 (126,30,000-10,516,932) equivalent to the amount of scrap metal supplied to the Plaintiff, and damages for delay calculated by the date of completion of the instant lawsuit from 15,161 to 2016.

In regard to this, the defendant is E, and the defendant only lent the name to E, and the plaintiff also denies his responsibility by asserting that he was well aware of the fact.

However, the evidence submitted by the defendant is difficult to believe or be recognized as above.

The defendant's argument is without merit.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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